Comparatively Negligent Bicyclist Collects $90,000.00

Posted By The Dunnion Law Firm || 1-Feb-2017

A retired 77 year old would frequently ride his bicycle near his home in Visalia for fitness. He had been riding his bicycle for such purpose for 10 years since his retirement. Unfortunately, while on a ride last July, he made an unwise decision to attempt to cross a busy street diagonally to get back onto the bike route to his home. As he was crossing the street, a driver approached in a Toyota Tacoma, observed the bicyclist face to face knowing that the elderly man was yelling at him to stop. He applied his brakes and slightly his the bicyclist at low speed. The elderly gentleman was knocked to the ground and sustained injury to his shoulder. He made a claim to the insurance carrier for the errant Tacoma pick up driver. They rejected the claim contending that he was responsible for the accident by crossing the road diagonally in front of traffic. At this point, the cyclist contacted the Dunnion Law Firm and was assigned to an attorney who frequently represents motorcyclists and bicyclists in just such situations. The attorney explained that on the basis of comparative negligence and in light of his shoulder injury, that he should be able to make a recovery. A claim was presented to the adverse party’s insurance carrier again, with a detailed analysis of the intersection, the traffic upon the roadway, and an outline of the reasonableness of the path being taken by the bicyclist. After several rounds of negotiation, The Dunnion Law Firm attorney was successful in convincing the adverse party’s insurance carrier, that the pick up driver shared responsibility for the accident and consequently was comparatively at fault. Comparative negligence is where both parties can be at fault and the claimant would still be able to recover based on the percentage of comparative fault. Here The Dunnion Law Firm attorney successfully convinced the insurance carrier that the pick up truck driver having observed the bicyclist and even acknowledging that he heard the bicycle rider yell at him prior to striking him, albeit slightly, was 70% at fault for this accident. The Dunnion Law Firm attorney then presented damages of medical specials as well as general damages for pain and suffering, which resulted in net amount to the senior bicyclist of $90,000.00. It is always important to consult with an attorney whenever you have been involved in an accident and sustained serious injury. The doctrine of comparative negligence frequently comes into play whenever bicyclists or motorcyclists are injured, but nonetheless attributed fault.

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